Common use of OTHER CONTRACT INFORMATION Clause in Contracts

OTHER CONTRACT INFORMATION. Insurance requirements (Clause 16.1(g)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; and Professional indemnity insurance for a minimum amount of [insert amount]. [Drafting note: Recipient to complete. Insert limits of liability and list any other insurances as may be required to cover the risk(s) caused by the Project (e.g. construction and property insurances, etc.). Note that while ARENA will specify minimum limits of liability with respect to the above insurances, it is the Recipient’s responsibility to ensure that it has appropriate insurances in place (and limits of liability) to cover the risk of the Project. Third party advice on insurances should be procured by the Recipient if required.] Acknowledgement of support (Clause 21.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Advancing Renewables Program. [Drafting note: The following signage clause is an optional clause. ARENA to complete. Insert the following clause if ARENA requires signage outside the site or facility at which the Project is undertaken. Generally, this clause is only required to be included for demonstration and deployment Projects.] Signage [Optional clause] The Recipient must also acknowledge the support received from ARENA by placing signage outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Advancing Renewables Program. Disclaimer (Clause 21.4) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein.

OTHER CONTRACT INFORMATION. Insurance requirements (Clause 16.1(g)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; and Professional indemnity insurance for a minimum amount of [insert amount]. [Drafting note: Recipient to complete. Insert limits of liability and list any other insurances as may be required to cover the risk(s) caused by the Project (e.g. construction and property insurances, etc.). Note that while ARENA will specify minimum limits of liability with respect to the above insurances, it is the Recipient’s responsibility to ensure that it has appropriate insurances in place (and limits of liability) to cover the risk of the Project. Third party advice on insurances should be procured by the Recipient if required.] Acknowledgement of support (Clause 21.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Advancing Renewables Program. [Drafting note: The following signage clause is an optional clause. ARENA to complete. Insert the following clause if ARENA requires signage outside the site or facility at which the Project is undertaken. Generally, this clause is only required to be included for demonstration and deployment Projects.] Signage [Optional clause] The Recipient must also acknowledge the support received from ARENA by placing signage outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Advancing Renewables Program. Disclaimer (Clause 21.4) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein.

OTHER CONTRACT INFORMATION. Insurance requirements (Clause 16.1(g14.1(l)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; legislation Public liability insurance for a minimum amount of [insert amount]; and $10,000,000 per occurrence Professional indemnity insurance or errors and omissions insurance for a minimum amount of $5,000,000 per occurrence [insert amount]. [Drafting note: Recipient to complete. Insert limits of liability and list any other insurances as may be required to cover the risk(s) caused by the Project (e.g. construction and property insurances, etc.). Note that while ARENA will specify minimum limits appropriate for nature of liability with respect to the above insurances, it is the Recipient’s responsibility to ensure that it has appropriate insurances in place (and limits of liability) to cover the risk of the Project. Third party advice on insurances should be procured by the Recipient if required.] Acknowledgement of support Support (Clause 21.117.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statementstatement in any media or collateral associated with the Project: This Project received funding from the Australian Renewable Energy Agency (ARENA) ARENA as part of ARENA's Advancing Renewables Program. Research and Development Program – Addressing end-of-life issues and lowering the cost of solar PV [Drafting note: The following signage clause is an optional clause. ARENA to complete. Insert the following signage clause if ARENA requires signage outside the site or facility at which the Project is undertaken. Generally, this clause is only required to be included for demonstration and deployment Projects.] Signage [Optional clause] The Recipient must also acknowledge the support received from ARENA by placing signage outside the site or facility where the Project is undertaken which includes the following statement: [insert Insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) ARENA for [insert Project title] as part of ARENA's Advancing Renewables Program. Research and Development Program Disclaimer (Clause 21.417.4) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein.. Recipient Confidential Information (Clause 18) [Specify information of the Recipient which is confidential and the duration of confidentiality (if known) - under the Agreement, this information can only be disclosed by ARENA in accordance with clause 18.2 (which includes as specified or contemplated in the Knowledge Sharing Plan (KSP)). If addressed in the KSP, insert: “As per Knowledge Sharing Plan”] Address for invoices (clause Error: Reference source not found) Director, Contract Management Services Australian Renewable Energy Agency XXX Xxx 000, Xxxxxxxx XXX 0000 Email: xxxxxxxxxxxxxxx@xxxxx.xxx.xx Address for Notices ARENA: Director, Contract Management Services Delivery and email address: Xxxxx 0, 0 Xxxxxxx Xxx Street Canberra ACT 2601 xxxxxxxxxxxxxxx@xxxxx.xxx.xx The Recipient: [Insert name and position of person to receive notices] Delivery and email address: [Insert street address and email address] Standard Funding Agreement General Conditions Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier in accordance with its terms. Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must: undertake the Project and achieve the Outcomes; progress the Project in a timely and expeditious manner (without limiting its other obligations under this clause 2.1); meet the completion dates for the Milestones listed in item 2.2 of Schedule 1, or such other time as agreed between the parties; and complete the Project by the Project Completion Date. The Recipient must not commence any work in respect of the Project until the preconditions set out in item 1.3 of Schedule 1 (if any) have been satisfied. The Recipient must: promptly notify ARENA, in writing, of any delay or anticipated delay to the progress of the Project or achievement of a Milestone, providing the reason for the delay, the anticipated impact on the Project and steps the Recipient is taking or will take to overcome the delay; and keep ARENA updated as to the status of any such notified delay. Knowledge sharing The Recipient must: in consultation with ARENA, implement and comply with the Knowledge Sharing Plan; ensure the delivery of the Knowledge Sharing Deliverables; and as reasonably required by ARENA, participate in relevant meetings, conferences, seminars, workshops, surveys and interviews, deliver presentations and provide briefings to the ARENA Board and ARENA staff and other relevant industry forums on Project progress and achievement of the Outcomes. It is the Recipient’s responsibility to ensure that any Project documentation or information (including any reports) prepared for public release does not contain any Recipient Confidential Information. The Recipient must categorise the documentation and information it provides to ARENA pursuant to the Knowledge Sharing Plan as follows: public unrestricted: information that may be shared freely within ARENA, with industry participants, and with the public in general; public restricted: information that may be shared freely within ARENA, with industry participants, and with the public in general, subject to any reasonable restrictions specified in the Knowledge Sharing Plan; and Recipient Confidential Information: information that may be shared in accordance with clause 18. ARENA Funding Subject to this Agreement, including satisfaction of clause 5, ARENA will pay the ARENA Funding to the Recipient in accordance with item 2.2 of Schedule 1. Notwithstanding any other provision of this Agreement, ARENA's total liability under or in connection with this Agreement, including all ARENA Funding paid or payable, will not exceed an amount equal to the ARENA Funding. ARENA may set-off any money due for payment by ARENA to the Recipient under this Agreement against any money due for payment by the Recipient to ARENA under this Agreement or any other agreement between the parties under which ARENA provides funding to the Recipient. Claims for Payment Subject to this Agreement, ARENA will pay ARENA Funding to the Recipient in accordance with this clause 5. Before the Recipient can make a claim for payment of ARENA Funding in accordance with clause 5.6, the Recipient must, unless otherwise agreed, submit to ARENA by email, all Milestone Deliverables due for the relevant Milestone by the completion date specified in item 2.2 of Schedule 1. Upon receipt of a Milestone Deliverable in accordance with clause 5.2, ARENA will: within 5 Business Days, provide the Recipient with notification that the Milestone Deliverable has been received; and within 20 Business Days, notify the Recipient, with respect to each Milestone Deliverable, whether it is: accepted; or not accepted. When one or more Milestone Deliverables are not accepted: ARENA will provide the Recipient with reasons why the Milestone Deliverable was not accepted; and the Recipient must re-submit the Milestone Deliverable within 10 Business Days (or such other period notified by ARENA) of notification of the reasons for non-acceptance. When all Milestone Deliverables due for the relevant Milestone are accepted by ARENA: ARENA will notify the Recipient that the Milestone is achieved; and the Recipient will make a claim for payment with respect to payment of the relevant Milestone in accordance with the requirements of clause 5.6. The Recipient may submit a claim for payment of ARENA Funding by providing a correctly rendered invoice which: is emailed to the address listed in item 22 of the Project Details; meets the requirements of a tax invoice as set out in the GST Law; sets out: the agreement number and Project title; and the amount of ARENA Funding to be paid together with the supporting documentation and other evidence specified in item 1 of Schedule 1; and is accompanied by a certificate signed and dated by a duly authorised representative of the Recipient stating that: the representations set out in clause 13 of this Agreement are true and correct in all material respects as at the date the invoice is submitted; no Material Breach is continuing or would result from the payment of funding by ARENA; and the Recipient is able, and has sufficient funds, to complete the Project by the Final Milestone Date in accordance with this Agreement. Subject to this Agreement, ARENA must make payment within 30 days after receiving a valid invoice into the account nominated by the Recipient. Bank account ledger The Recipient must maintain a separate bank account ledger containing full details of funds received from ARENA under this Agreement and subsequent withdrawal or transfer of those funds. Use of ARENA Funding The Recipient must use the ARENA Funding only: for the Project; for Eligible Expenditure; as provided in the Budget (as may be varied under this Agreement); and in accordance with the terms and conditions set out in this Agreement. Without limiting clause 10, the Recipient must not spend more than 10% of the ARENA Funding on Overseas Expenditure, other than for equipment or materials, unless otherwise agreed in writing by ARENA. Contributions With the exception of the ARENA Funding, the Recipient is responsible for providing or securing all funds and resources, and bearing all costs, necessary to complete the Project (including on account of cost overruns). Unless otherwise agreed in writing: the Recipient Contributions must be provided and used for the Project in accordance with the timeframe in item 2.3 of Schedule 1; and the Recipient must ensure that any Other Contributions are provided and used for the Project in accordance with item Error: Reference source not found and/or Error: Reference source not found of Schedule 1. The Recipient must provide written notice to ARENA as soon as practicable if the Recipient Contributions and/or Other Contributions provided and used for the Project in accordance with items 2.3, Error: Reference source not found and Error: Reference source not found of Schedule 1 are increased. Variations Subject to clause 10, no agreement or understanding varying the terms of this Agreement is legally binding upon either party unless the agreement or understanding is in writing and signed by both parties. Minor Variations ARENA may, by written notice, direct a Minor Variation; or agree to a written request for a Minor Variation by the Recipient, which must set out the details of the proposed variation and the impact the proposed variation will have on the Project. ARENA must act reasonably in: directing a Minor Variation; and considering the Recipient's request under clause 10.1(b), with written reasons to be provided if the request is rejected. For the avoidance of doubt, variations that are not Minor Variations must be made in accordance with clause 9. Changes to the Budget Notwithstanding clause 10.1(b), the Recipient is not required to seek a variation for changes to the Budget unless: the value of an item of expenditure or quantum of the Budget increases or decreases by more than the percentage set out in item 12 of the Project Details; or the variation increases the amount allocated to Overseas Expenditure by more than 10% of the ARENA Funding. Reporting and plans The Recipient must provide: the reports at the times specified in item 3.1 of this Schedule 1 and in the form and substance satisfactory to ARENA (including details of any Knowledge Sharing Deliverables in accordance with the Knowledge Sharing Plan); reports or any other information as reasonably required by ARENA from time to time at the time and in the manner reasonably required by ARENA in relation to any significant developments concerning the Project or any significant delays or difficulties encountered in undertaking the Project; and in the event this Agreement is terminated by ARENA as a result of the Recipient abandoning the Project or being unable to complete the Project due to technical or commercial feasibility reasons, within 20 Business Days after the termination, a report for public release explaining the reasons for such termination and the information, knowledge and lessons learned (both positive and negative) by the Recipient, its Personnel or subcontractors from the Project. Within 30 days of receiving a report, ARENA may: accept the report, if it considers acting reasonably that the report satisfies all the requirements set out under item 3.1 of Schedule 1; or reject a report, if it considers acting reasonably that the report does not satisfy all the requirements set out under item 3.1of Schedule 1. If rejected, ARENA must provide reasons for the rejection, and the Recipient must, within 14 days, reissue the report in a form that addresses the reasons for the earlier rejection. Within 30 days of the reissued report, ARENA may accept or reject the report in accordance with this clause 12.2. Representations and warranties The Recipient represents and warrants that: (transaction permitted): it will not be breaching any Law, Authorisation or agreement by signing and performing this Agreement; (no misleading information): all information provided to ARENA (including in the Application) is true, correct and complete in all material respects and is not misleading; (conflicts of interest): to the best of its knowledge after making diligent inquiry, and except as otherwise disclosed to ARENA, no conflict of interest exists or is likely to arise in the performance of its obligations under this Agreement; (employee entitlements): it is not subject to any judicial decision against it relating to employee entitlements (not including decisions under appeal) where it has not paid the claim; (Licensed Materials): to the best of its knowledge after making diligent enquiries, the Licensed Materials and ARENA's use of the Licensed Materials in accordance with this Agreement will not infringe the Intellectual Property Rights or Moral Rights of any person; (legal capacity): it has full legal capacity to own its own property, undertake the Project and enter into this Agreement, and to carry out the transactions that each of these contemplate; (financial capacity): it has, or will have, sufficient funds to complete the Project; (insolvency): no Insolvency Event has occurred, and there are no reasonable grounds to suspect that an Insolvency Event will occur, in respect of the Recipient;

OTHER CONTRACT INFORMATION. Insurance requirements (Clause 16.1(g14.1(l)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; legislation Public liability insurance for a minimum amount of [insert amount]; and $10,000,000 per occurrence Professional indemnity insurance or errors and omissions insurance for a minimum amount of $5,000,000 per occurrence [insert amount]. [Drafting note: Recipient to complete. Insert limits of liability and list any Per Returnable Schedule - other insurances as may be required to cover the risk(s) caused by the Project (e.g. construction and property insurances, etc.). Note that while ARENA will specify minimum limits appropriate for nature of liability with respect to the above insurances, it is the Recipient’s responsibility to ensure that it has appropriate insurances in place (and limits of liability) to cover the risk of the Project. Third party advice on insurances should be procured by the Recipient if required.Activity] Acknowledgement of support Support (Clause 21.117.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statementstatement in any media or collateral associated with the Activity: This Project Activity received funding from the Australian Renewable Energy Agency (ARENA) ARENA as part of ARENA's Advancing Renewables Program. Research and Development Program – Renewable Hydrogen for Export [Drafting note: The insert the following signage clause is an optional clause. ARENA to complete. Insert the following clause if ARENA requires signage outside the site or facility at which the Project Activity is undertaken. Generally, this clause is only required to be included for demonstration and deployment Projects.] Signage [Optional clause] The Recipient must also acknowledge the support received from ARENA by placing signage outside the site or facility where the Project Activity is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) ARENA for [insert Project Activity title] as part of ARENA's Advancing Renewables Program. Research and Development Program Disclaimer (Clause 21.417.4) The Recipient must include the following statement on any published material in relation to the ProjectActivity: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein.herein Recipient Confidential Information (Clause 18) [Specify information of the Recipient which is confidential and the duration of confidentiality (if known) - under the Agreement, this information can only be disclosed by ARENA in accordance with clause 18.2 (which includes as specified or contemplated in the Knowledge Sharing Plan (KSP)). If addressed in the KSP, insert “As per Knowledge Sharing Plan”] Address for invoices (clause 5.5(a)) Project Manager Australian Renewable Energy Agency XXX Xxx 000, Xxxxxxxx XXX 0000 Email: xxxxxxxxxxxxxxx@xxxxx.xxx.xx Address for Notices ARENA: Client Manager, Projects Delivery and email address: Xxxxx 0, 0 Xxxxxxx Xxx Street Canberra ACT 2601 xxxxxxxxxxxxxxx@xxxxx.xxx.xx The Recipient: [Per Returnable Schedule - insert name and position of person to receive notices] Delivery and email address: [Per Returnable Schedule - insert] Standard Funding Agreement General Conditions Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date. Recipient to undertake the Activity Subject to the terms of this Agreement, the Recipient must: undertake the Activity and achieve the Outcomes; progress the Activity in a timely and expeditious manner (without limiting its other obligations under this clause 2.1); meet the completion dates for the Milestones listed in item 2.2 of Schedule 1, or such other time as agreed between the parties; and complete the Activity by the Activity Completion Date. The Recipient must not commence any work in respect of the Activity until the preconditions set out in item 1.3 of Schedule 1 (if any) have been satisfied. The Recipient must: promptly notify ARENA, in writing, of any delay or anticipated delay to the progress of the Activity or achievement of a Milestone, providing the reason for the delay, the anticipated impact on the Activity and steps the Recipient is taking or will take to overcome the delay; and keep ARENA updated as to the status of any such notified delay. Knowledge sharing The Recipient must: in consultation with ARENA, implement and comply with the Knowledge Sharing Plan; ensure the delivery of the Knowledge Sharing Deliverables; and as reasonably required by ARENA, participate in relevant meetings, conferences, seminars, workshops, surveys and interviews, deliver presentations and provide briefings to the ARENA Board and ARENA staff and other relevant industry forums on Activity progress and achievement of the Outcomes. It is the Recipient’s responsibility to ensure that any Activity documentation or information (including any reports) prepared for public release does not contain any Recipient Confidential Information. The Recipient must categorise the documentation and information it provides to ARENA pursuant to the Knowledge Sharing Plan as follows: public unrestricted: information that may be shared freely within ARENA, with industry participants, and with the public in general; public restricted: information that may be shared freely within ARENA, with industry participants, and with the public in general, subject to any reasonable restrictions specified in the Knowledge Sharing Plan; and Recipient Confidential Information: information that may be shared in accordance with clause 18. ARENA Funding Subject to this Agreement, including satisfaction of the Payment Criteria, ARENA will pay the ARENA Funding to the Recipient in accordance with item 2.2 of Schedule 1. Notwithstanding any other provision of this Agreement, ARENA's total liability under or in connection with this Agreement, including all ARENA Funding paid or payable, will not exceed an amount equal to the ARENA Funding. ARENA may set-off any money due for payment by ARENA to the Recipient under this Agreement against any money due for payment by the Recipient to ARENA under this Agreement or any other agreement between the parties under which ARENA provides funding to the Recipient. Funds Payment Request and Payment Criteria Upon achievement of a Milestone in accordance with item 2.2 of Schedule 1 and satisfaction of the Payment Criteria as set out at clause 5.3, the Recipient may submit a request for payment of ARENA Funding, in the form of a Funds Payment Request. Subject to this Agreement, if the Recipient has satisfied the Payment Criteria for a payment the subject of a Funds Payment Request, ARENA must make payment within 30 days after receiving a valid Funds Payment Request, into the account nominated by the Recipient. The Recipient must satisfy the following Payment Criteria as a condition precedent to payment of ARENA Funding: submission of an invoice which complies with the requirements set out in clause 5.4, together with the Funds Payment Request; provision of any report due to be provided before the date for payment in accordance with item 3.1 of Schedule 1 and ARENA’s acceptance of that report; provision of all Knowledge Sharing Deliverables due to be provided before the date for payment, and ARENA’s acceptance of that report; achievement of any Milestone due to be achieved (including provision of any Milestone deliverables due to be provided) and provision of a Milestone Report to ARENA, and ARENA’s acceptance of that report; in respect of the final payment due under this Agreement, submission of the Final Report to ARENA, and ARENA’s acceptance of that report; the Recipient has provided a statement of income and expenditure for the ARENA Funding, certified by an authorised officer of the Recipient; and subject to any waiver by ARENA (in its absolute discretion), the Recipient does not have unspent ARENA Funding in its bank account in excess of the amount specified in item 13 of the Activity Details; [insert any other preconditions to payment of ARENA Funding]. An invoice must, in order to be correctly rendered: be accompanied by a Funds Payment Request; meet the requirements of a tax invoice as set out in the GST Law; be in a form approved by ARENA; and set out: the agreement number and Activity title; and the amount of funding to be paid by ARENA together with the supporting documentation and other evidence specified in this clause 5. The Recipient must: submit invoices to the address listed in item 22 of the Activity Details; and cooperate with any request by ARENA with respect to invoicing and payment where ARENA advises that it is moving to a different payment system. Bank account ledger The Recipient must maintain a separate bank account ledger containing full details of funds received from ARENA under this Agreement and subsequent withdrawal or transfer of those funds. Use of ARENA Funding The Recipient must use the ARENA Funding only: for the Activity; for Eligible Expenditure; as provided in the Budget (as may be varied under this Agreement); and in accordance with the terms and conditions set out in this Agreement. Without limiting clause 10, the Recipient must not spend more than 10% of the ARENA Funding on Overseas Expenditure, other than for equipment or materials, unless otherwise agreed in writing by ARENA. Contributions With the exception of the ARENA Funding, the Recipient is responsible for providing or securing all funds and resources, and bearing all costs, necessary to complete the Activity (including on account of cost overruns). Unless otherwise agreed in writing: the Recipient Contributions must be provided and used for the Activity in accordance with the timeframe in item 2.3 of Schedule 1; and the Recipient must ensure that any Other Contributions are provided and used for the Activity in accordance with item 2.4 and/or 2.5 of Schedule 1. The Recipient must provide written notice to ARENA as soon as practicable if the Recipient Contributions and/or Other Contributions provided and used for the Activity in accordance with items 2.3, 2.4 and 2.5 of Schedule 1 are increased. Variations Subject to clause 10, no agreement or understanding varying the terms of this Agreement is legally binding upon either party unless the agreement or understanding is in writing and signed by both parties. Minor Variations ARENA may, by written notice, direct a Minor Variation; or agree to a written request for a Minor Variation by the Recipient, which must set out the details of the proposed variation and the impact the proposed variation will have on the Activity. ARENA must act reasonably in: directing a Minor Variation; and considering the Recipient's request under clause 10.1(b), with written reasons to be provided if the request is rejected. For the avoidance of doubt, variations that are not Minor Variations must be made in accordance with clause 9. Changes to the Budget Notwithstanding clause 10.1(b), the Recipient is not required to seek a variation for changes to the Budget unless: the value of an item of expenditure or quantum of the Budget increases or decreases by more than the percentage set out in item 12 of the Activity Details; or the variation increases the amount allocated to Overseas Expenditure by more than 10% of the ARENA Funding. Reporting and plans The Recipient must provide: the reports at the times specified in item 3.1 of this Schedule 1 and in the form and substance satisfactory to ARENA (including details of any Knowledge Sharing Deliverables in accordance with the Knowledge Sharing Plan); reports or any other information as reasonably required by ARENA from time to time at the time and in the manner reasonably required by ARENA in relation to any significant developments concerning the Activity or any significant delays or difficulties encountered in undertaking the Activity; and in the event this Agreement is terminated by ARENA as a result of the Recipient abandoning the Activity or being unable to complete the Activity due to technical or commercial feasibility reasons, within 20 Business Days after the termination, a report for public release explaining the reasons for such termination and the information, knowledge and lessons learned (both positive and negative) by the Recipient, its Personnel or subcontractors from the Activity. Within 30 days of receiving a report, ARENA may: accept the report, if it considers acting reasonably that the report satisfies all the requirements set out under item 3.1 of Schedule 1; or reject a report, if it considers acting reasonably that the report does not satisfy all the requirements set out under item 3.1of Schedule 1. If rejected, ARENA must provide reasons for the rejection, and the Recipient must, within 14 days, reissue the report in a form that addresses the reasons for the earlier rejection. Within 30 days of the reissued report, ARENA may accept or reject the report in accordance with this clause 12.2. Representations and warranties The Recipient represents and warrants that: (transaction permitted): it will not be breaching any Law, Authorisation or agreement by signing and performing this Agreement; (no misleading information): all information provided to ARENA (including in the Application) is true, correct and complete in all material respects and is not misleading; (conflicts of interest): to the best of its knowledge after making diligent inquiry, and except as otherwise disclosed to ARENA, no conflict of interest exists or is likely to arise in the performance of its obligations under this Agreement; (employee entitlements): it is not subject to any judicial decision against it relating to employee entitlements (not including decisions under appeal) where it has not paid the claim; (Licensed Materials): to the best of its knowledge after making diligent enquiries, the Licensed Materials and ARENA's use of the Licensed Materials in accordance with this Agreement will not infringe the Intellectual Property Rights or Moral Rights of any person; (legal capacity): it has full legal capacity to own its own property, undertake the Activity and enter into this Agreement, and to carry out the transactions that each of these contemplate; (financial capacity): it has, or will have, sufficient funds to complete the Activity; (insolvency): no Insolvency Event has occurred, and there are no reasonable grounds to suspect that an Insolvency Event will occur, in respect of the Recipient;